Simon Mitteff

Simontography Films LLC

2201 East 17th St Apt. 5

Brooklyn, NY 11229

September 24, 2015

U.S. Department of Transportation

Docket Management System 1200

New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11of the Federal

Aviation Regulations from: 14 CFR 21subpart H;14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14

CFR 91.9(b)(2); 14 CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR

91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR

91.417(a) and (b)

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Simon 

Mitteff,owner of Simontography Films LLC,hereby applies for an exemption from the listed Federal

Aviation Regulations to allow commercial operation of a small UAS, so long as such operations are

conducted within and under the conditions outlined herein or as my be established by the FAA as

required by Section 333, for all operators of small Unmanned Aerial Systems (UAS) working for

Simontography Films LLC.

Commercial operation small UAS,as described herein, which are equipped with cameras and sensors, 

would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public 

events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation.

As described fully below,the requested exemption would permit the operation of small UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will
provide safety enhancements to the already safe operations in the industry presently using conventional 

aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to "....establish requirements for the safe 

operation of such aircraft systems in the national airspace system."

The name, phone, email and address of the applicant: 

Name: Simontography Films LLC Phone: (717) 304-5494

Email: simontography@gmail.com

Address: 2201 E 17th St, Apt 5

 Brooklyn NY 11229

Regulations from which the exemption is requested:

14 CFR Part 21subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The small UAS's I will be using are multi-rotor craft weighing no more than 55lbs. including payload. 

Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the 

ability hover and move along a vertical and horizontal plane simultaneously. They will operate in line of 

sight only and by the exempted persons only obeying all other local and federal laws.

Given the small size of the small UAS and the controlled environment provided the proposed operations 

will adhere to the Reform Act's safety requirements. The approval of this application presents no 

national security issues. Regarding the level of safety surrounding the proposed operations and the 

public benefit,reduction in environmental impacts, including but not limited to reduced emissions and 

noise, the grant of the requested exemption is in the public interest. Accordingly the applicant requests 

that the FAA grant the requested exemption with minimum delay.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting

commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual

(FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated 

at 25% battery power reserve or 30 minutes of flight time whichever occurs first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command (PIC),the

Visual Observer (VO) when needed and may include but not limited to a Camera Operator.

6. A briefing will be performed regarding the planned small UAS operations prior to each day's 

flight consisting of all the days' production activities.

7. The PIC will obtain verbal/written consent of all persons involved with the planned operation

and ensure that only consenting persons will be allowed within 100 feet of the flight operation, 

and the radius may be reduced to 30 feet based upon an equivalent level of safety 

determination,as required under the FOM. With the advanced permission or direction of the 

FSDO,operations at closer range may be approved.

8. The PIC and VO will have been trained in operation of small UAS and receive up-to-date

information for the particular small UAS to be operated and will be able to show upon request 

their competent ability to operate the small UAS and/or Camera.

9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

10. Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city jurisdictions,including law enforcement, fire or other appropriate governmental agencies 

when needed.

11. If the small UAS loses communications or loses GPS signal, the small UAS will have the 

capability to return to a pre-determined location within a designated location and land 

autonomously.

12. The small UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather,or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates,establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21Subpart H meets 

the requirements of an equivalent level of safety under Part 11and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701(f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate,upon consideration of the size, 

weight, speed, operational capability,and proximity to airports and populated areas of the particular 

small UAS. In all cases, an analysis of these criteria demonstrates that the small UAS operated without

an airworthiness certificate,in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. The small UAS to be operated
hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated area. 

Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by 

both the operator and under the requirements and in compliance with local public safety requirements. 

These safety enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the small UAS, due to its size, speed of operation, location of operation, lack

of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited,restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft,the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station,in letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate,an exemption may be needed as the 

small UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" 

can be placed. Given the size of the small UAS, two-inch lettering will be impossible. The word 

"Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of 

safety will be provided by having the small UAS marked on its fuselage as required by §45.29 (f) where 

the pilot,observer and others working with the small UAS will see the identification of the small UAS as 

"Experimental."

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Our small UAS 

do not carry any pilots or passengers nor property therefore I am seeking an exemption to 14 CFR

61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks

attendant to the operation of small UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to 

the safe operation of the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety checklists prior to each flight an equivalent level of safety will be 

provided.
14 C.F.R. § 91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof.The small UAS,given its size and configuration has 

no ability or place to carry such a flight manual on the aircraft,not only because there is no pilot on 

board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent 

level of safety will be maintained by keeping the flight manual at the ground control point where the 

pilot flying the small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The OPERATOR will take all actions including reviewing weather, flight battery 

requirements,landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. Small UAS and 

remotely piloted aircraft,by their design do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level 

of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed,provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to

400 AGL,or not more than 200 above an elevated platform from which filming is planned, an exemption 

may be needed to allow such operations. As set forth herein,the small UAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the small UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL,the small UAS will not be operated more 

than 100' above the highest point on the structure. It will however be operated in a restricted area with 

security perimeter,where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achieved given the size,weight, speed of the 

small UAS as well as the location where it is operated. No flight will be taken without the permission of 

the property owner or local officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware of the planned flight operations.
Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL. In addition,the

low-altitude operations of the small UAS will ensure separation between these small- UAS operations

and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the small UAS may not have a barometric altimeter,but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator,pursuant to the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed-(1) During the day,to fly after that for at least

30 minutes; or {2} At night, to fly after that for at least 45 minutes." The battery powering the small UAS

provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14

CFR §91.151, small UAS flights would be limited to approximately 10 minutes in length. Given the 

limitations on the small UAS's proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151{a) falls within the scope of prior exemptions. 

Operating the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151{a) was intended to alleviate given the size and speed 

of the small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility

for which the exemption will be granted. Applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 minutes or 25% of battery power- whichever happens first. This 

restriction would be more than adequate to return the small UAS to its planned landing zone from 

anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it 

the following:

(1) An appropriate and current airworthiness certificate....

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew.
The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such,there is no ability or place to carry certification and registration documents or to display them on 

the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the small UAS will have immediate access to them; to the extent they are 

applicable to the small UAS.

14 C.F.R. §91.405 (a);407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and

Part 43 apply only to aircraft with an airworthiness certificate,these sections will not apply to the

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because these small UASs are very 

limited in size and will carry a small payload and operate only in restricted areas for limited periods of 

time. If mechanical issues arise the small UAS can land immediately and will be operating from no higher 

than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to initiating 

flight, perform required maintenance,and keep a log of any maintenance performed. Moreover,the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in 

accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual 

(AOM}. As provided in the FOM, the operator will ensure that the small UAS is in working order prior to 

initiating flight and perform required maintenance needed.
Small UAS Information

Small UAS's to be used are as follows but not limited to providing they are within the scope of the 

exemption granted by the FAA:

1. DJI Phantom 3

Weight (Battery & Propellers Included) -2.8211bs.

Hover Accuracy-Vertical:+/- .33ft (when Vision Positioning is active) or +/- 1.64ft

Horizontal: +/- 4.9 ft

Max Yaw Angular Velocity -200°/s

Max Tilt Angel -35°

Max Ascent Speed -16 ft/s 

Max Descent Speed -9 ft/s 

Max Flight Speed -36mph 

DJI Phantom 3 Battery

o DJI 4480mAH LiPo Battery

DJI Phantom 3 Gimbal

Controllable Range- Pitch -90 degrees to +30 degrees

Stabilization- 3-axis (pitch, roll, yaw) 

DJI Phantom 3 Camera

o Operating Temperature Range -32°F -104°F

o Sensor Size -1/2.3 in. 

o Effective Pixels -14M

o Resolution -4384x3288 

o HD Video Recording

• UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

• FHD: 1920x1080p 24/25/30/48/50/60

• HD: 1280x720p 24/25/30/48/50/60

o Recording Field of View -110°/85° 

DJI Phantom 3 Transmitter

o Operating Frequency -2.400GHz -2.483GHz

o Communication Distance (unobstructed) -FCC Compliance: 2400 ft 

o Receiver Sensitivity (1%PER) -101dbm +/- 2dbm

o Transmitter Power -FCC Compliance: 20dbm

CE: 16dbm

Conclusion

Thank you for the consideration of these exemptions. 

Sincerely,

Simon Mitteff

Owner I Operator

Simontography Films LLC